Part III Use Standards | 16.339 Tobacco Product Sales
4. Provision of sanitary and medical facilities; 5. Provision of solid waste collection and disposal;
16.339 TOBACCO PRODUCT SALES
6. Provision of security and safety measures;
16.339.01 PURPOSE AND APPLICABILITY
7. Regulation of signs;
These regulations implement the policies of the General Plan to promote the public health, safety and general welfare; by reducing the harmful effects of tobacco use, including exposure to secondhand smoke and tobacco sales to children, by regulating tobacco sales. More specifically, to impose reasonable controls on the effects and availability of tobacco products, with the requirement for tobacco retailers or Smoke Shops, including those that are nonconforming due to a change in the Zoning Code, to meet the performance standards and requirements aligned with the following objectives:
8. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested; 9. Submission of a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition; 10. Submission of a site plan indicating any information required by this Chapter; 11. A requirement that approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of other laws; and 12. Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. 13. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
16.338.04 EFFECTIVE DATE, APPEALS, EXPIRATION, EXTENSION AND REVOCATION
A. To protect adjacent neighborhoods from the harmful effects attributable to the sale of tobacco related products; B. To provide opportunities for businesses which primarily sell tobacco related products to operate in a mutually beneficial relationship to each other, other commercial and civic services and sensitive land uses; C. To provide mechanisms to address problems often associated with the public consumption of tobacco related products such as litter, loitering, graffiti, unruly behavior and escalated noise levels; D. To ensure that businesses classified as tobacco retailers are not the source of undue public nuisances in the community;
A. Effective Date. A Temporary Use Permit shall become effective on the date the permit is approved by the Director at the applicant’s discretion.
E. To ensure that sites where tobacco retailers are located are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;
B. Appeals. A Temporary Use Permit Director’s decision may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.
F. To monitor deemed approved uses to ensure that they do not substantially change their mode or character of operation.
C. Expiration and Extensions. Temporary Use Permits may only be extended as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.
16.339.02 REQUIREMENTS
D. Revocation. Temporary Use Permits may be revoked as provided for in Chapter 16.615, Enforcement and Abatement.
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TITLE 16: ZONING CODE | VALLEJO, CA
Tobacco retailers shall meet the following requirements in the districts where they are allowed: A. No tobacco retailer shall be located within 1,000 feet of any parcel zoned for residential use. B. No tobacco retailer shall be located within 1,000 feet of any other tobacco retailer, as measured to and from property lines.
Draft: 01/06/2021
